All posts tagged lawyer

At some point in our lives we will realize the only way to right a wrong is to file a lawsuit. Perhaps you have a dispute with another, a disagreement over a contract, or want to prevent others from going through a similar experience as you. Many sleepless nights and careful consideration can go into deciding to file a lawsuit. For many filing a lawsuit is a last resort after all other avenues have been exhausted. Many times filing a lawsuit is the only way to seek retribution.

Although filing a lawsuit may seem like a complicated daunting task, it is just the type of task an experienced attorney can handle. The attorney must ensure that you have legal merit to your claim that would entitle you to any recovery from the other side. Some attorneys will take almost any case and blindly file the lawsuit without adequate legal research. Frivolous lawsuits can end up costing you thousands of dollars and thus you must ensure legal merit to your claim.

I always tell my clients that we will go over the pros and cons of your case, and ensure you understand what lies ahead. In deciding whether to file a lawsuit one consideration is whether the side you want to file a lawsuit against has any money or assets to pay any money the judge orders. Finally, many states restrict the amount of time you have to file a lawsuit after the incident. This is known as a statute of limitations and can potentially forever bar you from bringing your claim in court so you can’t sleep on your rights.

If you have a good case and the law is on your side, you will most likely end up with the result you are looking for, especially if you have an experienced attorney handling your dispute. At Shupe | Dhawan we have experienced transactional and litigation attorneys who are here to help you. Leave navigating the legal system to a trained professional and you can be certain to avoid unpredictable results. We offer free legal consultations and would be happy to shed some insight on your legal issue. Please contact us today!

-Neil Dhawan, Esq.

Neil is the managing partner of the firm’s litigation practice group and focuses his practice on litigated matters. For more information about this article, feel free to contact Neil at (954) 507-7220.

Did you know that your appearance may affect the court’s jurisdiction?

Many people associate the term appearance with how one looks or appears physically. Although it is true that elements of your physical appearance, including apparel and personal hygiene, may affect how a judge addresses you, the focus of this article will be on the term appearance as it is used in the legal arena.

In legal dictionaries, such as Black’s Law Dictionary, appearance is defined as “[a] coming into court as a party to a suit, either in person or by attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits himself to the jurisdiction of the court. The voluntary submission to a court’s jurisdiction.” Jurisdiction refers to the court’s authority or power to hear a case and enter binding orders for or against a party.

A party typically appears in a case, with or without an attorney, by filing the party’s first pleading or paper. However, there are instances where an attorney will appear in a case on behalf of a party by filing a notice of appearance as counsel. Unless otherwise specified in the notice, it could be construed as a general appearance and give the court full jurisdiction over that party.

Is that in your best interests? If there is a problem with the way you were served with a lawsuit, you will need to challenge the court’s jurisdiction over you by filing the appropriate motion. If you need more time to respond to the lawsuit, you will need to file the appropriate motion requesting an extension of time.

Recent case law states that the motions referred to above do not constitute a general appearance or submission to the court’s jurisdiction, and therefore, do not result in a waiver of the right to challenge the court’s jurisdiction. However, the motion must be carefully drafted to avoid inadvertently addressing the merits of the case or seeking affirmative relief. Otherwise, it may be treated as a general appearance and a submission to the court’s jurisdiction. That may not be your intention.

An experienced attorney will likely accompany the motion with a notice of limited or special appearance. It is based on your consent and agreement with the attorney as to the scope of representation, and it is intended to make it perfectly clear that you are not making a general appearance or submitting to the court’s jurisdiction. It also bolsters any arguments you may have against the court or an opposing party claiming that you waived your right to challenge the court’s jurisdiction over you in the future.

Pierre G. Mina, Esq.

Pierre is an attorney in the firm’s litigation practice group and focuses his practice on litigated matters. For more information about this article, feel free to contact Pierre at (954) 507-7220.

This article is for information purposes only. It is not to be construed as legal advice or to take the pace of consultation with a lawyer of your choosing.

On October 15, 2014, Florida’s 4th District Court of Appeal ruled that the City of Hollywood is not authorized to delegate its police power to an outside private vendor to determine whether a traffic violation has occurred before sending it to a traffic infraction enforcement officer to issue a citation. The red light ticket issued to the driver was then dismissed.

Note the ruling does not affect the legality of the cameras nor the issuance of violations, it only dealt with the process of issuance of the citations, so don’t go ignoring those citations or red light cameras just yet! You should always consult an attorney if you feel that you have been wrongfully issued a citation and make sure to adhere to the strict timelines given for response.

Thankfully, many people have never had to deal with being sued. Lawsuits can be stressful, time consuming, and an unnecessary expense. Unfortunately, most people will eventually be involved in a lawsuit, and some even see it as a rite of passage.

If you have recently been sued, no matter how tempting, you cannot ignore the paperwork served upon you. Your property, whether a house, condominium, vehicles, personal belongings, money, wages, and everything else you have worked so hard for, can potentially be taken from you by the winner of the lawsuit. If you don’t respond within the proper time frame, this can all be done very quickly by the entry of a default judgment. In most instances, you only have 20 days from the date you received court papers to file something in response with the court.

This is why I would highly recommend immediately seeking the advice of an attorney when you are served with court papers. Handling matters without an attorney is like playing a hand of blackjack but putting everything you own on the line. Attorneys are trained to counsel and give advice and resolve disputes through the legal system. The best advice I have for clients is to immediately seek the advice of an attorney and not discuss this matter with the person who sued you or anyone else. Any discussions with the party who sued you can unfortunately lead to admissions or statements that would eventually be used against you. Therefore, it’s best to gather your wits and discuss how you wish to handle your case with an attorney.

At Shupe | Dhawan we have experienced transactional and litigation attorneys who are here to help you. Leave navigating the legal system to a trained professional and you can be certain to avoid unpredictable results. We offer free legal consultations and would be happy to shed some insight on your legal issue. Please contact us today!

Neil Dhawan, Esq.
Neil is the managing partner of the firm’s litigation practice group and focuses his practice on litigated matters. For more information about this article, feel free to contact Neil at (954) 507-7220.

Shupe Dhawan would like to congratulate firm partner Neil Dhawan for participating in a 5K race on June 14, 2014! This was the first 5K ran by Neil as he works through his 2014 fitness goals! The race supported Triumph Crisis Recovery Centers which is located in South Florida and is committed to preventing violence by raising the level of community awareness regarding the pervasiveness and ill effects of domestic violence.

After possibly the worst home value depreciation in history and the resulting foreclosure crisis, South Florida homes have been appreciating at a surprising rate. Real estate values in South Florida have appreciated between 16-23% from 2010 to 2013. This appreciation has helped many homeowners who were considered underwater after the real estate crash breathe a sigh of relief. Homeowners now have regained their values prior to the crash and have an opportunity to sell their homes without resorting to short sales, and can even refinance properties to do much needed improvement and upgrades.

Multiple offers are the norm on properties in South Florida and an alarming 68% of buyers are cash buyers not utilizing any type of financing. These so called investors are drawn to South Florida for the sunny weather, tropical beaches, and real estate appreciation that has become the norm for the last three years. Furthermore, inventory in South Florida has been dwindling, pre-construction and new-construction cannot keep up with demand, and prices have been rising. This perfect storm has brought with it a sellers’ market.

However, some say that sales have begun to slow as sellers price expectations are not aligning with appraised values. These lower appraisals are forcing buyers and sellers to reach compromises which are not always feasible. I advise clients that a home’s true worth is what a buyer is willing to pay for it and compromise is needed on both the part of the buyer and seller.

Of course, do not wait too long if you are shopping around for your dream home! Now is a great time to buy so you don’t miss out on the upswing in home values and tax deductions available in owning a home. Shupe Dhawan is a full service law firm which can handle all aspects of a home purchase from contract negotiation, escrow services, buyer and seller title services and closings. We invite you to utilize our services so you can experience the Shupe Dhawan difference! Why hire just a title agent when you can hire a title attorney?

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